Nevermind: Nirvana Wins Legal Battle Against Child Porn Lawsuit
14:32 GMT 04.01.2022 (Updated: 13:27 GMT 06.08.2022)
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Spencer Elden started the legal process against the surviving members of Nirvana last August. The man, who turned 30 in 2021, explained that his childhood photo on the cover of the group's album "Nevermind" had "traumatised him for life".
A judge has dismissed a child pornography lawsuit against Nirvana by a man who was photographed naked on the legendary cover of the band's classic 1991 album "Nevermind".
An American court dismissed the claim by Spencer Elden, whose baby photo was published on Nirvana's iconic 1991 album. He had demanded that Universal Music edit the picture and cover up his genitals. According to his claim, he was the victim of child exploitation and the album cover is child porn, but the legal team for the surviving members of Nirvana (Dave Grohl and Krist Novoselic), as well as Courtney Love (Kurt Cobain's widow) and Kirk Weddle, who photographed Elden 30 years ago, argued that the allegations are absurd and that over these three decades the so-called "Nirvana Baby" has been profiting from the said photo. Elden also demanded $150,000 in compensation from each participant for "moral damage".
Elden's defenсe team may file an appeal by 13 January. Yet, if his lawyers fail to meet this deadline, then they will not be able to re-apply. If they succeed, Nirvana's lawyers will have to answer by 27 January.
The process against the remaining members of Nirvana started last August after then 30-year-old Spencer Elden filed a lawsuit against the band claiming that photo of him on the album's cover "traumatised him for life". He argued that his father Rick, who gave his permission to Kirk Weddle to photograph his son, never signed documents authorising the use of his images as he was only four months old. Elden's parents were Weddle's acquaintances and received $200 for the photos.
This case made a splash with netizens, who created a little flashmob. The flashmob begins with the words: "If the child from the cover of Nevermind wins, I will sue...". Users began to share what childhood traumas they could blame not only on Nirvana, but also on other celebrities as a joke. These included musicians, who by their appearance or album covers, caused "moral damage" to users.
If the Nirvana baby wins, I'm suing the Beatles for the album cover that made a stub my toe the time I crossed the street without shoes. pic.twitter.com/VB8gReKCJs
— Curt Jungkuntz (@jungkuntz3) August 26, 2021
If the Nirvana baby wins his law suit I’m suing fat boy slim over sexually exploiting me on their album cover pic.twitter.com/W15ouA7nMo
— octopus/caveman (@OctopusCaveman) August 25, 2021
If the Nirvana baby wins, I'm suing reality in BLACK for making me a kpop stan and destroying my life pic.twitter.com/Qx88LVashx
— ❖ caro 💋 🏳️🌈☀️ RUBY & WHEE & 6EQUENCE (@Camoolina) August 25, 2021
If the Nirvana baby wins, I’m suing Rihanna for the Good Girl Gone Bad album cover that made me cut my long hair in a angled bob cut when I was 12. It took 6 years for my hair to grow back and I still haven’t recovered emotionally. https://t.co/rYl7DeqlzG pic.twitter.com/kJSUYVxSYj
— Eleni Roka (@_rokabilion) August 26, 2021
Nirvana's "Nevermind" came out in September 1991 and eventually became one of the best-selling albums in music history. The death of the group's lead singer, Kurt Cobain, garnered even more attention for the band and its music, pushing album sales up. The cover of "Nevermind" features a naked baby underwater in a pool reaching for a dollar bill attached to a fish hook.
